The TLRA legal department functions within the organization to provide TLRA clients with highly specialized legal collection, and serve as a compliance department to ensure that all collection activity complies with both state and federal laws.
In the legal collection role, the department possesses a through knowledge of all third party liability and hospital lien issues, insurance recovery and managed care issues, contractual and benefits issues, estates, bankruptcies, subrogation, workers compensation accounts, and the appeal and litigation process. Accounts that are placed with the department are initially screened to identify the issues involved as follows:
- Identify all third party liability claims, and verify that all lien documents are properly filed with the proper person or entity.
- Participate effectively in all settlement negotiations to provide a maximum recovery for the client.
- Identify all accounts for possible litigation;properly draft and file papers.
- Identify all insurance, managed care or workers compensation issues and draft appropriate demand or appeal correspondence.
- Draft and file proof of claim forms in Chapter 13 Bankruptcy cases Draft and file proper claim documents in estate cases.
- Draft and file proper claim documents in estate cases.
In the compliance role, it is responsibility of the attorney to keep current on all federal and state statutory and regulatory requirements that pertain to third party debt collections. These duties include:
- Insure that all collection personnel are educated as to the requirements of the FDCPA, and that all collectors have passed the mandatory FDCPA exam.
- Give seminars to all employees on the FDCPA and state collection laws.
- Ensure that all TLRA letters and collection notices are FDCPA compliant.
- Create and draft policies to ensure compliance with all laws and regulations.
- Handle all written debtor disputes and advise collection personnel on proper handling of debtor disputes and complaints.
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